HomeMy WebLinkAboutCity Council Resolution 950-D
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RESOLUTION NO. 950-D
A RESOLUTION OVERRULING PROTESTS AND ORDERING
THE FORMATION OF AN ASSESSMENT DISTRICT
AND THE IMPROVEMENTS ORDERING REDUCTION OF
CERTAIN ASSESSMENTS AND CONFIRMING
THE DIAGRAM AND ASSESSMENT
CITY OF SARATOGA LANDSCAPING
AND LIGHTING DISTRICT LLA-l
RESOLVED, by the City Council of the City of Saratoga,
California, as follows:
WHEREAS, on the 16th day of April, 1980, said Council adopted its
Resolution No. 950, Determining to Undertake Proceedings for the
Formation of an Assessment District Pursuant to the Landscaping and
Lighting Act of 1972, and directed the Director of Public Works to
prepare and file with the Clerk of this City a written report called
for under said Act and by said Resolution No. 950;
WHEREAS, said report was duly made and filed with the Clerk of
said City, whereupon said Clerk presented it to the City Council for
its consideration¡
WHEREAS, said Council thereupon duly considered said report and
each and every part thereof and found that it contained all the matters
and things called for by the provisions of said Act and said Resolution
No. 950, including (1) plans and specifications of the existing
improvements and the proposed improvements; (2) estimate of costs; (3)
diagram of the District; and (4) an assessment according to benefits;
all of which were done in the form and manner required by said Act;
WHEREAS, said Council found that said report and each and every
part thereof was sufficient in every particular and determined that it
should stand as the report for all subsequent proceedings under said
Act, whereupon said Council pursuant to the requirements of said Act,
appointed Wednesday, the 18th day of June, 1980, at the hour of 7:30
o'clock p.m. of said day in the regular meeting place of said Council,
City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, as the
time and place for hearing protests in relation to the formation of an
assessment district pursuant to the Landscaping and I,ighting Act of
1972, and to said proposed improvements, including the maintenance or
servicing, or both, thereof, and directing said Clerk to give notice of
said hearing as required by said Act:
WHEREAS, it appears that notices of said hearing were duly and
regularly posted, mailed and published in the time, form and manner
required by said Act, as evidenced by the Affidavits and Certificates
on file with said Clerk, whereupon said hearing was duly and regularly
held at the time and place stated in said notice; and
WHEREAS, 97 persons interested, objecting to the formation
of said assessment district, or of said improvements, including the
maintenance or servicing, or both, thereof, or to the extent of the
assessment district, or any zones therein, or to the proposed
assessment or diagram or to the Engineer's estimate of costs thereof,
filed written protests with the Clerk of said City at or before the
conclusion of said hearing, and all persons interested desiring to be
heard were given an opportunity to be heard, and all matters and things
pertaining to the formation of said assessment district and said
improvements, including the maintenance or servicing, or both, thereof,
were fully heard and considered by said Council;
WHEREAS, it has been determined that those certain properties in
Zone 6 designated Assessment and Diagram No. 058 and in Zone 7
designated Assessment and Diagram No. 068 will not be benefited by said
improvements and said assessments should be reduced to zero and those
certain properties in Zone No. 7 designated as Assessment and Diagram
No.ls 013,014, 016 and 029 have each been inadvertently overcharged in
the amount of $91.06.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as
follows:
1. That protests against the formation of said assessment
district or of said improvements, including the maintenance or
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servicing, or both, thereof, or to the extent of the assessment
district or any zones therein, or to the proposed assessment or
diagram, or to the Engineer's estimate of costs thereof, were not
signed by the owners of a majority or more of the area of assessable
lands within the assessment district, and that said protests be, and
each of them are hereby, overruled.
2. That the public interest, convenience and necessity require
the formation of an assessment district and the levy and collection of
assessments pursuant to said Act, for the construction or installation
of the improvements, including the maintenance or servicing, or both,
thereof, more particularly described in said Engineer's Report and made
a part hereof by reference thareto, which District is hereby formed.
3. That the District and the boundaries thereof benefited and to
be assessed for said costs for the construction or installation of the
improvements, including the maintenance or servicing, or both, thereof,
are situate in Saratoga, California, and are more particularly
described by reference to a map thereof on file in the office of the
Clerk of said City. Said map indicates by a boundary line the extent
of the territory included in said District and of any zone thereof and
the general location of said District.
4. That said District be, and it is hereby, designated as "City
of Saratoga Landscaping and Lighting District LLA-l District" by which
name it shall hereafter be referred to in all subsequent proceedings,
including proceedings for the levy and collection of assessments.
5. That those certain properties designated Assessment and
Diagram No. 058 in Zone 6 (Assessor's Parcel No. 503-53-058) be, and it
is hereby, reduced from $42.03 to zero and Assessment and Diagram No.
068 in Zone 7 (Assessor's Parcel No. 397-24-068) be, and it is hereby,
reduced from $10.41 to zero, by reason said properties are not
benefited by said improvements, and those certain properties designated
as Assessment and Diagram No.'s 013 (Assessor's Parcel No. 503-25-013),
014 (Assessor's Parcel No. 503-25-014), 016 {Assessor's Parcel No.
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503-25-016) and 029 (Assessor's Parcel No. 503-25-029) in Zone 7, be,
and they each are hereby, reduced from $102.01 to $10.41 to reflect
said overcharge and that the Director of Public Works shall make said
changes either on the face of the Engineer's Report or by filing an
amendment thereto.
6. That the plans and specifications for the existing
improvements and for the proposed improvements to be made within the
assessment district or within any zone thereof contained in said
report, be, and they are hereby, finally adopted and approved.
7. That the Engineer's estimate of the itemized and total costs
and expenses of said improvements, maintenance and servicing thereof,
and of the incidental expense~ in connection there~_.th, contained in
said report as modified, be, and it is hereby, finally adopted and
approved.
8. That the public interest and convenience require, and said
Council does hereby order the improvements to be made as described in
and in accordance with said Engineer's Report as modified, reference to
which is hereby made for a more particular description of said
improvements.
9. That the diagram showing the exterior boundaries of the
assessment district referred to and described in said Resolution
No. 950, and also the boundaries of any zones therein and the lines and
dimensions of each lot or parcel of land within said District as such
lot or parcel of land is shown on the County Assessor's maps for the
fiscal year to which it applies, each of which lot or parcel of land
has been given a separate number upon said diagram, as contained in
said report, be, and it is hereby, finally approved and confirmed.
10. That the assessment of the total amount of the costs and
expenses of the proposed improvements upon the several lots or parcels
of land in said District in proportion to the estimated benefits to be
received by such lots or parcels, respectively, from said improvements,
including the maintenance or servicing, or both, thereof, and of the
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expenses incidental thereto, contained in said report as modified, be,
and the same is hereby finally approved and confirmed.
11. That said Engineer's Report as modified, be, and the same is
hereby, finally adopted and approved as a whole.
12. That the City Clerk shall forthwith file with the Auditor of
Santa Clara County the said assessment, together with said diagram
thereto attached and made a part thereof, as confirmed by the City
Council, with his certificate of such confirmation thereto attached and
of the date thereof.
13. That the order forming the assessment district and the final
adoption and approval of the Engineer's Report as a whole, and of the
plans and specifications, ea~lffi¿te Jf the c05ls al.= expenses, the
diagram, and the assessment, as contained in said Report, as
hereinabove determined and ordered, is intended to and shall refer and
apply to said Report, or any portion thereof, as amended, modified,
revised or corrected by, or pursuant to and in accordance with any
resolution or order, if any, heretofore duly adopted or made by this
Council.
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I hereby certify that the foregoing is a full, true and correct
copy of a resolution duly passed and adopted by the City Council of the
City of Saratoga, California, at a meeting thereof held on the 18th day
of June, 1980, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen: Clevenger/ Mallory Jensen
Watson/ Mayor Callon
NOES, Councilmen: None
ABSENT, Councilmen: None
APPROVED:
( SEAL)
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EVì. - 4
'.sÐ.ratoga
File No- Public
Project #47
DECLl\Rl\ '1'1 ON THAT ENVIRONMENTAL
IMPACT REPORT NOT REQUIRED
(Negative" Declaration)
Environmental Quality Act of 1970
The under"signed, Dir~ctor of Planning and Environmental Control of the
CITY OF SA~TOGA, a Municipal Corporation, after study and evaluation
has determined, and does hereby determine, pursuant to the applicable
provisions of the Environmental Quality Act of 1970, Sections 15080
through 15083 of the Califorhia Administrative Code, and Resolution 653-
of the City of Saratoga, that the following described project will have
no significant effect (no substantial adverse impact) on the environment
within the terms and meaning of said "Act.
PROJECT DESCRIPTION
Se~ a"t tachment ,
NAl-1E AND ADDRESS OF APPLÍCANT
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
REASON FOR NEGATIVE DECLARATION
Project consists of continuation of existing lighting and landscape
~aintenance functions. There will be no change which would affect
adversely the physical environment,
Executed at Saratoga, California this 6th
day of
June
, 19 8
R. S. ROBINSON, JR.
DIRECTOR OF PLANNING AND ENVIROmlENTAL
Cfž~;~;¡~TOGA
DIRECTOR'S AUTHORI ZED STAFF ME.t\1BER .
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t to Forms EIA-la and EIA-lb
4/
/80
A;ttach
PROJECT DESCRIPTION
CITY OF SARATOGA
LANDSCAPING AND LIGHTING DISTRICT LLA-l
The project provides for the continuation of existing street lighting and
landscape maintenance districts, but through the formation of a single overall
assessment district. The assessment district is comprised of eight zones re-
flecting those prior districts,' containing a total of 1,884 parcels. The zones
are:
ZONE
NO. OF
PARCELS
1. Manor Drive
25
2. Fredericksburg Dr.
85
3. Greenbrier
167
4. Quito L.D.
,-
604
5. Azule L.D.
107
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6. Azule L.D. (Annexed)
66
7. Saratoga L.D.
84 (Comm)
7. Saratoga L.D.
731 (Res)
8. Village Parking Dist. #1
15
TOTALS:
1,884
Zones 1, 2 and 3 are landscape maintenance districts, Zones 4,5,6 and 7 are
lighting districts and Zone 8 is the landscaping and lighting portion of Village
Parking District #1.
The Engineer's Report delineates each zone, lists all of the parcels and
contains maps of each component of the new district. The Engineer's Report also
contains a full and detailed description of what constitutes the functions of
each zone and the proposed assessment costs related thereto.
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ERNEST A. WILSON
J....MES T. MORTON
PHIUP D. "55AF
PEGG.... L McEL.LIGOTT
THOMAS e. ADAMS
SHERROD S DAV'S
LAWRENCE C, JEN$EN
GE~"'LD 10._ LASTER
JAMES L. COPEL..AND
MA....ER A. D,6¡,NIEL
WILSON. MORTON. ASSAF & MCELLIGO'M'
ATTORNEYS AND COUNSELLORS AT LAW
630 NORTH SAN "'ATEO CRIVE
P. O. BOX 1152
SAN MATEO, CALIFORNIA 94401
[4151 342·3523
July 3, 1980
CHA.RLES N. KIRKeRIDE
1-894-1911
K~RIKBRIDE I: GORDON
(JOSE'P H B, GORDO t'oU
1911-1929
KIRKBRIDE & WILSON
19.2&1-1947
KlpltKBRIDE. WILSON. HARZFELO 8: WALLACE
19~7·'ge'
WILSON, JONES. MORTON 8. LYNCH
1981·1.77
JOAN E. B FHOOY
JAMES M. PARMEL.£"E
ROBERT K_ BOOTH. JR.
O....VID G. CASNOCHA.
THO ~A5 A, LAKE
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NEWPORT BEACH OFFICE
SUITE 1530
660 NEWPORT CENTER DRIVE
NEWPORT BEACH. CA 92660
1714J 759~1801
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Mr. Robert F. Beyer
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
PUBLIC \1\I()lí::KS '[)EP"'I
CITY' I)f:: !:;ARATOGA
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Re: City of Saratoga Landscaping and Lighting District
Dear Mr. Beyer
Enclosed is Resolution No. 950-D, A Resolution Over-
ruling Protests and Ordering the Formation of an Assessment
District and the Improvements, Ordering Reduction of Certain
Assessments and Confirming the Diagram and Assessment, adopted
by the City Council June 18, 1980.
The number of written protests received should be inserted
on page 2.
Please return two certified copies of the resolution
for our files.
Enclosure
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,-----------J Very t?111y ours /
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¿L Joan E. Briody ~l
~~ON. MORTON. ASSAF & MC~OTT
cc: Robert S. Shook
Director of Public Works